Under what circumstances are MTR facilities required to prepare a Facility Response Plan?

MTR facilities, or Marine Transportation Related facilities, are required to prepare a Facility Response Plan primarily under circumstances where they pose a substantial threat to the environment. This requirement stems from the need to ensure that these facilities have in place effective measures to respond to potential oil spills or discharges that can significantly impact the marine and coastal ecosystems.

The rationale is rooted in the understanding that facilities handling petroleum products or other hazardous substances must proactively address the risks they present. A substantial threat takes into account the nature of the materials, the scale of operations, and the potential consequences of a spill. Therefore, if a facility is deemed to pose a substantial threat, it is mandated to develop a comprehensive response strategy to mitigate these risks and manage potential spills effectively.

While other options mention relevant factors such as storage of hazardous materials or proximity to residential areas, they do not trigger the specific requirement to prepare a Facility Response Plan as directly as the consideration of substantial environmental threat does. Additionally, government ownership does not automatically necessitate a response plan unless the facility activities also pose substantial risks to the environment.